Changing Job Now. Will Again Change in Jan 2010. Need AC21 ?

[iam4friendz]

My situation:

I have EAD valid thru Oct 2010. AP is valid. None of these are used.
I am on H1B with employer A who filed I485 in Aug 2007.

I am changing job from A, to similar one B in July. B will transfer my H1B. (A is happy with my change, and will not revoke my I140)
Since I plan to go on 3 months vacation to home country starting Late October, it is possible that new employer B, may not like my long vacation and I may have to resign and go on vacation.

Once I am back in Jan2010, I will find new employer C.

Questions:

Q#1 Do I need to involke AC21, now while on H1B ?
Q#2 Do I need to involke AC21, in Jan when I may be on EAD ? (back after 3 month vacation)

Q#3 Does involking AC21 multiple times, in such a short duration, has any negative impact ?

Thanks

 

[vj66321]

Invoking AC 21 ( notifying USCIS) along with Employment Verification letter is not mandatory.

You can either voluntarily send or send this when an RFE is issued for proof of employment. The former is suggested because the lesser the transactions you have with USCIS for a pending case, the better.

If you are called for an interview (for your 485) and the officer asks about changing jobs often you need to have a good reason. I dont know what is the best answer and what would happen if you say the truth as in your case. If you were fired or laid off by the employer, guess that's a valid reason.

Anyways, I appreciate your optimism that you will get a job Jan next year in such bad job market. All the best!

 

[iam4friendz]

'vj66321', Apprecite your response. Thank you.

Reason for current change of job:
My employer is selling my division to different company. Hence in new job in that different company, my work description remains the same.

Reason for my future job change (in October):
I need to go to home country for 3 months to take care of family matters. Assuming (in worst case that) employer does not like my long vacation, I have no other option but to change my job when I come back.


While I believe the above are valid reasons for change of job, I do have following questions:
Q1. Assuming officer at interview understands these, what are the chances that he'll look it negatively that I did not voluntarily declare change of employment at the time of job change, and that my GC gets affected ?

Q2. What is the worst case impact of me not declaring AC21 beyond getting an RFE ?

Q3. My assumption is ..declaring AC21 multiple times is worst than RFE. If not so, is there any data to show that you could change jobs 2 or more times in pending I485 within few months, and still your GC does not get adversly affected.

Side Question:
Q4. I am not as concerned of finding a new job within my labor filing skillsets (which I will), as I am interested to know how will immigrations welcome me with AP when I arrive at airport (in job exploration mode). Any comments/experience/data relating this question ?

 

[ginnu]

My situation:

I have EAD valid thru Oct 2010. AP is valid. None of these are used.
I am on H1B with employer A who filed I485 in Aug 2007.

I am changing job from A, to similar one B in July. B will transfer my H1B. (A is happy with my change, and will not revoke my I140)
--------------------that is OK
Since I plan to go on 3 months vacation to home country starting Late October, it is possible that new employer B, may not like my long vacation and I may have to resign and go on vacation.
--------------------- if you resign and you get RFE for permanent job offer letter for I-485 approval then how you are going to handle?
Once I am back in Jan2010, I will find new employer C.
-----------------you can do that if I-485 is still pending and have valid AP in hand to enter US. once join C then invoke AC21 with pending I-485 by sending same/similar job duties letter.
Questions:

Q#1 Do I need to involke AC21, now while on H1B ?
---------------------------You should.
Q#2 Do I need to involke AC21, in Jan when I may be on EAD ? (back after 3 month vacation)
-------------------------if at that time you working with B then no need to invoke AC21 If you sent B Job offer letter. if you join C then again send C job offer letter to invoke AC21
Q#3 Does involking AC21 multiple times, in such a short duration, has any negative impact ?
-----------------NO
Thanks

---------- FYI if you dont invoke AC21 by sending letter to USCIS then USCIS is asking lot of documents in RFE and are sending NOID in many cases. Better to update USCIS so that you dont have to spend more paying lawyer to reply NOID.

 

[iam4friendz]

Thanks Ginnu for response.

To your response(blue) to my inputs(black), I have questions below:
"Since I plan to go on 3 months vacation to home country starting Late October, it is possible that new employer B, may not like my long vacation and I may have to resign and go on vacation.
--------------------- if you resign and you get RFE for permanent job offer letter for I-485 approval then how you are going to handle?"

Q#1
Given that I must go on 3 months leave (Nov2009-Jan2010)
The question of responding to I485 RFE still remains even if I do not resign but employer terminates the services due to long vacation. What is the solution in this case (I must leave for 3 months + employer conflict&l oss of job+ RFE arrives) ?

Q#2
What will happen at immigration(airport) when I arrive after 3 months with valid AP, but no job offer in hand?
Is there any guidance by USCIS in such case ?

 

[ginnu]

Thanks Ginnu for response.

To your response(blue) to my inputs(black), I have questions below:
"Since I plan to go on 3 months vacation to home country starting Late October, it is possible that new employer B, may not like my long vacation and I may have to resign and go on vacation.
--------------------- if you resign and you get RFE for permanent job offer letter for I-485 approval then how you are going to handle?"

Q#1
Given that I must go on 3 months leave (Nov2009-Jan2010)
The question of responding to I485 RFE still remains even if I do not resign but employer terminates the services due to long vacation. What is the solution in this case (I must leave for 3 months + employer conflict&l oss of job+ RFE arrives) ?


----------------------------- You will need job offer letter for I-485 approval. I-485 can’t be approved without permanent job offer letter. If USCIS sends RFE for job offer letter you will need permanent job offer letter from employer.

Q#2
What will happen at immigration(airport) when I arrive after 3 months with valid AP, but no job offer in hand?

----------------
you can be admitted to US as Parole and one can be without job for few months if I-485 is pending GC is for future job.

Is there any guidance by USCIS in such case ?

You did not post your PD (LC filing date)
Case EB2 or EB3
Country of Birth
** If you are from India and EB3 with PD after 2003 I don’t think USCIS is going to approve your I-485 in 2009.

 

[ginnu]

Visa Predictions For the Future

Matthew Oh Attorney Reporting

06/10/2009: State Department Visa Bureau Chief Mr. Oppenheim Visa Predictions For the Future

AILA has reported Mr. Oppenheim's prediction as follows:

EB2 India.Prediction for August or September 2009: Unavailable.
EB2 China Prediction for August or September 2009: Unavailable
EB2 India Prediction After September 2009: Waiting time can be years or even decades without legislative relief
EB2 China Prediction After September 2009: Waiting time can be many years without legislative relief
EB3 India Prediction for August and September 2009: Unavailable
EB3 China Prediction for August and Septermber 2009: Unavailable
EB3 Mexico Prediction for August and September 2009: Unavailable
EB3 India Cut-Off Date Prediction for October 1, 2009: 11/01/2001
EB3 China Cut-Off Date Prediction for October 1, 2009: 03/01/2003
EB3 Mexico Cut-Off Date Prediction for October 1, 2009: 03/01/2003
EB3 Worldwide Prediction in August and September 2009: Unavailable
EB3 Worldwide Prediction for October 1, 2009: 03/01/2003. There will be extended delays thereafter.
The prediction is much grimmer than this reporter reported yesterday. India EB-2 waiting times can be even "decades?" I need a breathing air, it is choking and choking!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! But it is a prediction, and a prediction is a prediction. Prediction is paraphrased by "May be......" So, in reading the foregoing prediction, readers should add "may." Now, I get the breathing air.

 

[iam4friendz]

Thank you Ginnu.
My case is EB2 with labor filing in Jan2006/ India. Filed I485 in Aug2007.

If USCIS has no objection in me having to change job within same classification, multiple times under genuine reasoning and I having to notify them each time over coming years all the time, then it's little less unfair.
I should not have difficulty in finding a job with my (labor filing) skillsets.

I have heard from friends that someone's entry at immigration/airport got denied, because they were coming back on Advance Parole after 3/4 months of abroad vacation, and were in between jobs.

This is becoming nightmare for me.
I wish to spend my time in India focussing on my family matters.

I am looking if entry back in USA on AP and with no job after 3/4 months may be a showstopper. Any inputs ? Are there any situations that may happen under my situation I described, due to which my entry back to USA may be in trouble?

Thank you

 

[ginnu]

Thank you Ginnu.
My case is EB2 with labor filing in Jan2006/ India. Filed I485 in Aug2007.
-----------------it will take long time to get GC with EB2 PD of 2006.


If USCIS has no objection in me having to change job within same classification, multiple times under genuine reasoning and I having to notify them each time over coming years all the time, then it's little less unfair.
I should not have difficulty in finding a job with my (labor filing) skillsets.

I have heard from friends that someone's entry at immigration/airport got denied, because they were coming back on Advance Parole after 3/4 months of abroad vacation, and were in between jobs.
-----------------------------The other person may have got AP approved after he/she departed US. I dont know the details of that person and every case is different or your friend may be giving you wrong info. He should provide the full details of that person who was stoped entery with valid AP.

This is becoming nightmare for me.
I wish to spend my time in India focussing on my family matters.

I am looking if entry back in USA on AP and with no job after 3/4 months may be a showstopper. Any inputs ? Are there any situations that may happen under my situation I described, due to which my entry back to USA may be in trouble?

----------------------go to your lawyer with all your details and what you plan to do and seek legal advice.Thank you

----------------

 

[iam4friendz]

Hiu Ginnu.
Yes, I agree I do not have enough info on what I hear from others, to consider valis, and there may be specifics.
I think as long as I am being fair with USCIS, and as long as I have extraordinary patience (like many pending I485s) with extremely sluggish and inefficient USCIS, it should be fine.
Thank you.